Bombay High Court

SHAIKH ABBAS SHAIKH MAKBUL DIED L RS 1 A SHAIKH SHAKIL SHAIKH ABBAS AND OTHERSversusTHE EXECUTIVE ENGINEER CENTRAL RAILWAY AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay is condoned, the abatement is set aside, and leave is granted to bring the legal heirs of the deceased claimants on record.

Summary

The petitioners, heirs of deceased claimants, sought condonation of delay in setting aside an abatement order and to be allowed to bring the legal heirs of the deceased onto the record. The respondents, the Executive Engineer of Central Railway, opposed the relief. The Court examined the unintentional nature of the delay, found no malafide intent, and held that the cause of action survived against the heirs. Consequently, the Court condoned the 361‑day delay, set aside the abatement, and granted leave to add the legal heirs as parties. The civil application seeking these orders was allowed, and the parties were directed to make necessary amendments.

Issues considered

Whether the delay of 361 days in filing the first appeals can be condoned
Whether the abatement order should be set aside
Whether the legal heirs of the deceased claimants can be added as parties to the proceedings

Subjects

condonation of delay
abatement
legal heirs
civil application
High Court of Bombay
succession
railway

Judgment

2026:BHC-AUG:1367
                                                 1              34-CA.403-26 & ors.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               34 CIVIL APPLICATION NO. 403 OF 2026
                                         IN FAST/6862/2025

                         SHAIKH ABBAS SHAIKH MAKBUL DIED L RS 1 A SHAIKH
                                 SHAKIL SHAIKH ABBAS AND OTHERS
                                             VERSUS
                          THE EXECUTIVE ENGINEER CENTRAL RAILWAY AND
                                             OTHERS

                                               WITH
                                CIVIL APPLICATION NO. 3583 OF 2025
                                      IN FAST/6853/2025 WITH
                                CIVIL APPLICATION NO. 3590 OF 2025
                                      IN FAST/6862/2025 WITH
                                CIVIL APPLICATION NO. 3593 OF 2025
                                      IN FAST/6865/2025 WITH
                                CIVIL APPLICATION NO. 3588 OF 2025
                                         IN FAST/6859/2025


                                                  ...
                        Advocate for Applicants in CA/403/2026 : Mr. Ram B.
                                            Deshpande.
                        Advocate/DSGI for Respondent/UOI : Mr. A. G. Talhar.
                    Advocate/DSGI for Appellants/UOI in all FA & Delay : Mr. A. G.
                                               Talhar.
                     Advocate for respondents/claimants in 6862/2025 : Mr. R. B.
                                            Deshpande.
                                                  ...

                                               CORAM : SHAILESH P. BRAHME, J.
                                               DATE : 13.01.2026

                    PER COURT :-


                    1.     Heard both sides.
                              2                     34-CA.403-26 & ors.odt


2.    Applicants are praying for condonation of delay in

setting   aside   abatement       and    bringing    legal    heirs    of

deceased/claimants on record.


3.    First Appeal No.6862 of 2025 is filed by the acquiring

body and it is under obligation to take steps against the

deceased claimants. The cause of action survives as against the

legal heirs. They are necessary parties. The delay is

unintentional. The delay stands condoned, abatement is set

aside and leave is granted to bring legal heirs of deceased

claimants on record.


4.    Civil Application No.403 of 2026 is allowed.


5.    Both parties shall be at liberty to carry out necessary

amendment.


Civil Applications for Delay in all FA


6.    The applicant/acquiring body is praying for delay of 361

days in preferring first appeals.


7.    The averments of the applications have not been

controverted. There are no malafides on the part of the

applicants. The delay stands condoned.


8.    Civil applications for delay are allowed.
                             3                   34-CA.403-26 & ors.odt




First Appeals


9.      List all first appeals on 12.02.2026 along with other

connected matters for final disposal.


10.     Call for Record and Proceedings from the concerned

Court.


11.     Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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